Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-02-17

such services the county clerk sHai DC cntlt10o
to fee of twenty-five cents for each series OF
blanks so furnished, to be obtained by the drug
gist obtaining such blanks. All pharmacists ana
assistant pharmacists are hereby empowered 10
administer oaths for the purposes OF this act ana
no such affidavit shall be received Dy any pnar-
macist or assistant pharmacist until 1t shows
on it's face that it has been properly subscribed
and sworn to by the applicant. The andavlts
provided for in this section shall be retained
by the druggist in the original book form,
and on or before the first day of each month
shall together with the affidavit OF Sucn drug
gist that the liquors therein mentioned are all OF
the Intoxicating liquors sold by him during the
month, be so filed in the office OF the probate
Judge who issued the permit, where they shall
be safely kept for the period OF two years from
the date of filing Before said affidavit shall be
received or filed by said probate judge, he shall
make a strict examination of the copies OF am
davits and records of numbers thereof furnished
him by the county clerk, and ascertain whether
such druggist has returned all afhdaVlts 1ur-
nished him in blank by the county clerk, and II
any such affidavit or blank is missing said pro-
bate judge shall require such druggist 10 ME IN
stead thereof his affidavit showing as near as he
can what has become of such AFFIDAVIT or blank.
For each series of affidavits filed under the pro-
visions of this act the probate judge shall col
lect fee of s1.50. [amended to read when
fraction of 100 is fled the fee shall be paid pro
ratal which shall be paid by him on the first
day OF each month into the county treasury for
the benefit of the general county revenue fund
The probate judge shall receive for his services
under this act, in addition to other fees allowed
by law, a salary of SO per annum for
each 1000 inhabitants in such county,
the number to be determined by
the last annual census return of said county;
but in no case shall such salary exceed in the
aggregate the sum of 800 per annum, to be
paid by the county commissioners as other sal
aries. lAmended to read the probate Judge
shall receive no fees for his services except
salary of SIS per annum for each 1000 inhabit-
MT iui Z III
Every person whose AFFIDAVIT SO made for the
purpose of obtaining Intoxicating liquors shall
be false in any material matter, shall be deemed
guilty of perjury and shall be punished by con-
tinement and hard labor for a period not ex-
ceeding two years, or by confinement in the
county Jail not less than six months. Any per
son VINO shall subscribe any name or character
other than his own name to an affidavit for the
purpose of obtaining Intoxicating liquors as pro-
vided herein shall be deemed guilty OF forgery
in the fourth degree, and punished therefor as
in other cases of forgery. Every person who
shall sell or furnish intoxicating liquors so OBJ
tanned by him upon afidavit to others as bev-
erage shall be deemed guilty OF 4 misdemeanor
and upon con giction therefor shall be punished
by fine of not less than 800 or more than $500,
and by imprisonment in the county jail not less
than thirty days nor more than ninety days. No
druggist or pharmacist or assistant pharmacist
in his employ shall sell any of the intoxicating
liquors mentioned herein. administer the
oath or receive the AFFIDAVIT thereof, except in
ness. Every such druggist shall keep book
wherein shall be recorded all sales of intoxicat-
ing liquors made by him or his employees, show
ing the name and residence OF the purchaser,
the kind and quantity of the liquor sold. the
purpose for which it was sold, and the date OF
sale. Such records and afidavits shall be open
for the inspection of the public at all reasonable
times during business hours.
Sec 3, That section of chapter 12S of the ses-
sion laws of 1881, amended by section 6 of
oI,nx 81 - hka md
the same is hereby amended TO read as
follows: Sec. o. Every person having permit
to sell Intoxicating liquors or to manufacture
and sell intoxicating liquors under the pro-
visions of this act, or of the acts to which this
is amendatory and supplemental, who shall sell
or barter such liquors in any other manner, or
for any other purpose than in said acts pro-
vided; or who shall barter sell the same to
any person when he has reason to believe that
the person purchasing the liquor is obtaining
the same for any other than the excepted pur-
poses, although he may have filed the AFFIDAVIT
as herein provided; who shall sell to any
person under the influence of liquor, or who is
in the habit OF becoming intoxicated; or who
shall allow liquor sold medicine or other
wise TO be drunk on his premises [amended to
read except when administered by a physician
or any apartment connected Herewith and I'M
der his control; or any druggist who shall use
or attempt to return TO the probate judge any
affidayit other than those provided for in this
act, or who shall violate any of the provisions of
this act; and any pharmacist or assistant phar-
macist who shall place his iurat upon any aft
davit for the sale of intoxicants provided
in this act, without first having seen the
applicant sign his name to the same
and him thereto provided by
law, shall be deemed guilty of a misde-
| meanor, and upon conviction thereof punished
by a fine in any sum not less than 800 nor more
than $500, and be imprisoned in the county jail
not less than thirty days nor more than ninety
days, and shall forfeit his permit issued under
tcfry he of
| five years thereafter his right to obtain per-
NIT and in all cases where forfeitures are pro-
vided for under this act, the court shall declare
the same in rendering Judgment in the action.
Section 4. That section ID of chapter 12S of the
session laws OF 1881 as amended by section 13
of chapter 149 OF the session laws of 1881 be and
! the same is hereby amended TO read as
follows: Section 13. All places where intoxicat-
1 ing liquors are manufactured, sold, bartered or
given away in violation of any of the provisions
of this act, or where persons permitted TO
resort for the purpose of drinking Intoxicating
| liquors as a beverage, or where Intoxicating
liquors arc kept for sale, barter or delivery in
violation of this act, are hereby declared to be
common nuisances; and upon the judgment OF
the court having jurisdiction finding such place
| to be a nuisance under this section, the sheriff,
his deputy under sheriff, or any constable
OF the proper county, or marshal OF any
Lefty where the same is located. shall be
| directed to shut up and abate such
place, by taking possession thereof and
destroying all such Intoxicating liquors
| found therein, together with all signs. screens
bars, bottles, glasses and other property used
| in keeping and maintaining said nuisance; and
| the owner or keeper thereof shall upon eonvic
! ton be adjudged guilty of maintaining com
mon nuisance, and shall be punished by a fine
| not less than 800 NOR more than 500, and by
! Imprisonment in the county jail not less than
| thirty days more than ninety days. The
Attorney General, county attorney any citi
| zen OF the county where such nuisance exists
or is kept is maintained, may maintain ar
| action IN the name OF the State to abate and
perpetnally enjoin the same The injunction
shall be granted at the commencement of the
! action, and no bond shall be required. Any
person violating the terms of any injunction
granted is such proceedings shall be punished